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(영문) 부산지방법원 2016.11.10 2016고단5655
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 06:40 on August 10, 2016, the Defendant was under the influence of alcohol in front of the C cafeteria located in the Young-gu, Busan Metropolitan City, the Defendant obstructed the performance of duties concerning the maintenance of order and crime prevention of the above police officer, by assaulting the Defendant, such as the defect that the Defendant attempted to cause the destruction of the Defendant by a police officer belonging to the D police box of the Busan Metropolitan City Police Station, who was dispatched to the scene after receiving a report, and the Defendant attempted to wear up by causing the destruction of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] No person in charge of the obstruction of performance of official duties (6-1-1-4 months) (no person in charge of the obstruction of performance of official duties) (decision of sentence] in order to protect the legitimate performance of official duties of the State and to establish a sound social order, the crime of the obstruction of official duties requires strict punishment. The crime of this case is poor that the defendant committed assault on the ground that the police officer who attempts to help the defendant under the influence of alcohol is broken, the crime of this case is not good, the defendant is against the mistake, the defendant has no record of criminal punishment except twice the fine, and other various circumstances, including the defendant's age, character and conduct, intelligence and environment, motive, means and result of the crime, the circumstances after the crime, etc., shall be determined as per the order.

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